The Supreme Court (SC) has upheld an order to demolish illegal structures along Matabungkay Beach in Lian, Batangas. In the case of Sps. Calimlim v. Goño, penned by Associate Justice Amy Lazaro-Javier, the Court’s Second Division found that the structures—including videoke machines, sari-sari stores, carinderias, and billiard tables—were built without permits from the Department of Environment and Natural Resources (DENR) and qualified as public nuisances.
Villa Alexandra Beach Resort and Restaurant owners filed the case against Pablo and Patnubay Isla Calimlim, who had operated informal structures on the beach for over 50 years. The resort claimed these structures disrupted operations, inconvenienced guests, and caused financial losses.
The Calimlims countered that they had occupied the land long before the resort was established and did not intend to disturb anyone.
The SC emphasized that public nuisances interfere with public rights or encroach on public property, citing Article 694 of the Civil Code. This includes any condition harmful to health or safety, offensive to the senses, or disruptive to the public’s use of property.
Under DENR Administrative Order No. 2004-24, and the Public Land Act, foreshore land can only be leased with DENR approval. The Calimlims’ lease application had been denied, rendering their occupation and structures unauthorized.